subodh

There is concept of deemed export under excise. Accordingly we have received an order from Maharashtra state electricity board for erection of sub-station but the project is funded by world bank, so it is covered undered deemed export. How shall the turnover from this order appear in the financial statements, wether it will be shown as domestic turnover or export turnover.


pranita pansare
21 February 2009 at 11:43

Partnership act

we hav started a new business as partnership ,
two partners are there fixed Capital 25000 per head.
other than this they paid 500000 per head to start a business .

This 500000 should i consider as current a/c or loan a/c

if the same i will consider as loan then how much percent interest on loan i have to pay

please advice me accounting treatment for the same


CA. Saurabh Agrawal
21 February 2009 at 11:43

income tax-TDS

Is TDS is deductible on Buses which is being given on hire basis to schools? & if yes, then under which section will it be deductible. whether Under 194(I) considering buses to be a plant & machinery or 194(C).


pranita pansare
21 February 2009 at 11:37

about import entry

we are importing mobile acessories. the prices are in dollars. please advise me entry for same. in invoice they have included only prices for product excluding freight. we paid custom duty i want the entry for this also.

how to treat this situation in accounts please guide me


dhiraj
21 February 2009 at 11:24

extension of date

Dear All,
My Company is received notice from income tax deptt. , regarding TDS& TCS for non complance of TDS Challan & Return .Department Has Aked Reply for non Complaince of TDS As on Paticular Date .
, But My both M.D is Out of State , due to health problem , we are wanting for extention of date from the dept. please give me suggestion &sent format of extention letter


Prakash Mehta
21 February 2009 at 10:48

Salary Income

(Q-1)Reimbursement of Mediclaim Premium in respect of policy approved for section 80D of the Income tax Act.

I have paid the Mediclaim premium for my wife, my daughter and for myself. My employer has reimbursed me the said premium. I understand that the said reimbursement is not treated as perquisite in my hands in view of clause (iv) of proviso to section 17(2). Thus, no tax is payable my me, however, my employer may have to pay FBT.

My query is whether I can claim the deduction u/s. 80D in respect of Mediclaim premium initially paid by me but later on it is reimbursed by my employer. I understand that section 80 D speaks about individual and HUF and only requirement is that the premium shall be paid out of income chargeable to tax and it need not necessarily be the out of salary income. I feel that I have complied with the requirement of section 80 D by paying the premium out of my salary income. The event of reimbursement is occurred subsequently.

In view of above, please state whether am I correct in above understanding? Please also state your view to give correct treatment.

(Q-2) Transport allowance u/s. 10 (14)(ii) and reimbursement of running & maintenance of Car Expenses.

My company has given me the transport allowance of Rs.9,600 p.a.. Further, the company has given me the car for using it for official as well as personal purpose. At present my company reimburses me for servicing & repairs expenses for the said car and pay the FBT on such reimbursement. The car is owned by the company.

I am using the said car for commuting between office and residence, for office purpose and for other personal purposes.

I have proposed my company to reimburse me the petrol bills, cleaning expenses not restricted to repairs expenses being the running expenses of car.

The above petrol bills are inclusive of expenses incurred for commuting between office & residence.

Further, the company additionally reimburses me @ Rs. 4 per k.m. in respect of local travelling for office purpose, which is not part of my pay package.

From the above, I want to know that whether I can claim transport allowance of Rs. 9,600 and further submit the petrol bills to take salary in the form of reimbursement.

(Q-3) Children Education Allowance & deduction of tuition fee u/s. 80C.

At present I have one child. I pay Rs. 10,000 towards tuition fee. My employer gives me education allowance of Rs.1,200 which I claim as exempt allowance u/s. 10(14)(ii) and also claim tuition fee of Rs.10,000 in section 80C.

From the above, I want to know whether my both claims are correct or I am claiming the double benefit of Rs.1,200. Should I have to exclude Rs.1,200 from Rs.10,000 while claiming deduction u/s. 80C.


(Q-4) Children Education Allowance & Hostel Allowance.

My company gives me children Education Allowance & Hostel Allowance as part of my salary. I have a child but neither studying nor staying hostel.

In above circumstances, I want to know can I claim Rs. 100 per month and Rs.300 per month towards children education allowance and hostel allowance respectively. I understand that section 10(14)(ii) exempt such allowance regardless of incurrence of expenditure.

Please clarify.

(Q-5) Reimbursement of personal telephone including mobile phone expenses.

At present I am incurring Rs.12,000 per year towards my personal telephone & mobile expenses.

I have proposed my company to reimbursement me the said amount by converting my salary as reimbursement.

I understand that as per section 17(2)(vi) read with proviso to rule 3 (7) (ix), the above said reimbursement is not treated as taxable perquisite in my hands, however, company has to pay FBT. Further requirement of “actually incurred” shall meet even if instead of direct incurrence, the same is incurred by way of reimbursement.

Further, my apprehension is can department take recourse of section 17(2)(iv) and treat the said reimbursement as taxable perquisite in the hands of employee in spite of clear provision of section 17(2)(vi) and rule 3 (7) (ix).

Please clarify.


****


Shailesh
21 February 2009 at 10:19

SERVICE TAX RETURN

SIR,

I AM WORKING WITH ONE LIMITED COMPANY BEING A BRANCH ACCOUNTANTN. WE HAVE TAKEN SERVICE TAX NUMBERS UNDER "TRANSPORT OF GOODS BY ROAD" SINCE LAST 4 YEARS. SINCE LAST 3 YEARS THERE IS NO TRANJECTION i.e. SERVICE TAX PAID LIABILITY IS NIL - NO SET OFF.

SO, KINDLY ADVICE US WE ARE LAYABLE TO SUBMIT NIL RETURNS & THERI IS ANY PENALTY FOR NIL RETURNS.

THANKS & REGARDS


R.Gangadharan
21 February 2009 at 09:32

INSERT COST IN EXCISE CALCULATION

WE ARE A MANUFACTURERS. WE HAVE TO SEND A SUB PART LIKE KEY TO A SUB VENDOR ON FREE OF COST FOR ADDING PLASTIC MOULD IN A CORNER. WHILE THE SUB VENDOR BILLING ON US HE WILL CHARGE EXCISE DUTY BY ADDING OUR PART VALUE ALSO AND WILL ARRIVE TAXABLE VALUE BY DEDUCTING OUR PART VALUE BEFORE VAT.

IN SUCH CASE WHEN WE SEND OUR ITEM THROUGH DC WHETHER WE HAVE TO DEBIT THE EXCISE DUTY OR NOT? WHICH IS THE WRIGHT WAY FOR SENDING OUR PART THROUGH DC OR THROUGH INVOICE?


Joy Kumar Deb

Dear All

In case of a telecom company, is service tax applicable on cheque bouncing charges recovered from a subscriber?

Late Payment Fee has been expressly excluded from the purview of Service Tax in case of telecom companies since no telecom service is rendered vide a ST circular.

Can similar stand be taken for Cheque Bouncing Charges?

Regards


M. L. Khandelwal

Payment of Fixed Annual installment of Know-how fee to a foreign company under a contract agreement- TDS u/s. 195 charged on such fee & deposited with Incometax Department and Service Tax charged on such fee & deposited with Service tax Department. Total being Know-how expenditure debited to P&L a/c. forming Operating cost charged in manufacture of a goods on which excise duty is paid.
Now Servicetax authority is asking to pay servicetax on TDS amount. What is justify?






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